Notification types and timeframes

Approved providers are required to notify the regulatory authority about incidents, complaints and changes to information. This page outlines notification types and timeframes, including where there’s a change from 1 October 2017.

NOTE: Approved providers, educators and other education and care service staff may also be required to report on incidents or suspected incidents involving children under other State and Territory laws including child protection legislation.

Reference

Type of Notification

1 Oct 2017 change / no change

Responsibility

Timeframe

Change to information about approved provider

Section 173(1)(a)

Notice of change in name of approved provider

No change

Approved provider

Within 14 days

Section 174(1)(b) Regulation 175(1)(a)

Change to address, principal office* or contact details of approved provider

* Note this is distinct from the obligation on family day care services to notify of change in location of principal office under s173(2)(e) (see below)

No change

Approved provider

Within 7 days

Section 174(1)(a)

Any change relevant to approved provider’s fitness and propriety

No change

Approved provider

Within 7 days

Section 173(1)(b)

Notice of any appointment or removal of a person with management or control of service

No change

Approved provider

Within 14 days

Section 174(1)(b) Regulation 175(1)(b)

The appointment of receivers or liquidators to the approved provider or any matters that affect the financial viability and ongoing operation of the service

No change

Approved provider

Within 7 days

Section 39(2)

Death of approved provider

No change

Nominated supervisor or person in day to day control

Within 7 days of the death

Change to information about education and care service

Section 173(1)(c)

A failure to commence operating within 6 months (or within the time agreed with the regulatory authority) of being granted a service approval

No change

Approved provider

Within 14 days

Section 173(2)(a)

Regulation 174(1)

Suspension or cancellation of a working with children card or teacher registration of a nominated supervisor, or disciplinary proceedings of a nominated supervisor under an education law

No change

Approved provider

Within 14 days

Section 174(2)(c) Regulation 175(2)(a)

Any change to the hours and days of operation of the service

No change

Approved provider

Within 7 days

Section 173(2)(e)

A change in the location of the principal office of a family day care service

Change of notification timeframe

Approved provider

At least 14 days before the change will occur

Section 56

 

 

Adding nominated supervisor(s)

Previously only one nominated supervisor permitted per service

Approved provider

At least 7 days prior to commencement (or as soon as practicable but no more than 14 days after commencement)

Section 173(2)(b)

A nominated supervisor is no longer employed at the service, is removed from the role or withdraws consent to the nomination

Change

Approved provider

Within 7 days

Section 173(2)(c)

Any proposed change to the premises (other than a family day care residence)

No change

Approved provider

Within 7 days

Section 59 Regulations 36 & 37

Intention to transfer service approval

No change

Transferring approved provider and receiving approved provider

At least 42 days before transfer

Section 173(2)(d)

Ceasing to operate the education and care service

No change

Approved provider

Within 7 days

Incidents and Complaints

Section 174(2)(a)

Regulation 12

Regulation 176(2)(a)(i)

Serious incident - Death of a child

No change

Approved provider

As soon as practicable, but within 24 hours

Section 174(2)(a)
Regulation 12

Serious incident - Any incident involving serious illness of a child while being educated and cared for which the child attended or ought reasonably to have attended a hospital

Previously included attention from a medical practitioner

Approved provider

Within 24 hours of the incident

Section 174(2)(a)
Regulation 12

Serious incident - Any incident involving serious injury or trauma to a child while being educated and cared for which the child attended or ought reasonably to have attended a hospital, or a reasonable person would consider that the child would require urgent attention from a registered medical practitioner 

No change

Approved provider

Within 24 hours of the incident

Section 174(2)(a)

Regulation 12

Serious incident - Any emergency for which emergency services attended

Change to clarify attendance only in the case of an emergency

Approved provider

Within 24 hours of the incident

Section 174(2)(a)

Regulation 12

Serious incident - A child is missing or cannot be accounted for or appears to have been removed from the premises by a person not authorised by a parent

No change

Approved provider

Within 24 hours of the incident

Section 174(2)(a)

Regulation 12

Serious incident - A child is mistakenly locked in or out of the premises or any part of the premises

No change

Approved provider

Within 24 hours of the incident

Section 174(2)(b)
Regulation 12
Any complaint alleging that a serious incident has occurred or is occurring at an education and care service, or the National Law has been contravened (refer to Serious Incidents outlined in table above) Change Approved provider Within 24 hours of the complaint

Section 174(2)(c)
Regulation 175(2)(b)

Any incident that requires the approved provider to close, or reduce the number of children attending the service for a period

No change

Approved provider

Within 24 hours of the incident

Section 174(2)(c)
Regulation 175(2)(c)

Any circumstance at the service that poses a significant risk to the health, safety or wellbeing of a child attending the service

No change

Approved provider

Within 7 days

Section 174(2)(c)

Regulation 175(2)(d)

Any incident where the approved provider reasonably believes that physical or sexual abuse of a child or children has occurred or is occurring while the child is being educated and cared for by the service

New requirement

Approved Provider

Within 7 days

Section 174(2)(c)

Regulation 175(2)(e)

Allegations that physical or sexual abuse of a child or children has occurred or is occurring while the child is being educated and cared for by the service

New requirement

Approved Provider

Within 7 days

Section 174(2)(c)
Regulation 175(2)(ca)

The centre-based service is educating and caring for extra child/ren due to an emergency

No change

Approved Provider

Within 24 hours

Information for FDC Educators to report to their Approved Provider

Section 174A

Regulation 12

Any serious incident while a child is being educated and cared for by the educator (refer to Serious Incidents outlined in Incidents and Complaints table above)

New requirement

FDC Educator

None specified

Section 174A

Regulation 12

Any complaint alleging that a serious incident has occurred or the National Law has been contravened while a child was being educated and cared for (refer to Serious Incidents outlined in Incidents and Complaints table above)

New requirement

FDC Educator

None specified  

Amending Regulation

Renovations or other changes to the FDC residence or approved venue that create a serious risk to the health, safety and wellbeing of children attending the residence or venue

New requirement

FDC Educator

None specified

Regulation 164

Any new person over 18 years who resides at the FDC residence and any circumstance relevant to whether  a resident who is over 18 years is fit and proper

New requirement

FDC Educator

None specified

Notification to parents

Regulation 172

Policies: parents of children enrolled at the service are notified before making any change to a policy or procedure that may have a significant impact on the service’s provision of education and care to any child enrolled at the service; the family’s ability to utilise the service; any change that will affect the fees charged or the way in which fees are collected.

No change

Approved provider

At least 14 days prior unless a lesser period is necessary because of a risk

Section 37(3)

Voluntary suspension of provider approval: approved provider must notify the parents of children enrolled at the services operated by the approved provider.

No change

Approved provider

At least 14 days prior to application for suspension

Regulation 86

A parent of a child being educated and cared for by the service is to be notified if the child is involved in any incident, injury, trauma or illness while at the service.

No change

Approved provider

As soon as practicable, no more than 24 hours

Regulation 88

If there is an occurrence of an infectious disease at a centre-based service, the approved provider of the service must ensure that a parent or an authorised emergency contact of each child is notified of the occurrence.

No change

Approved provider

As soon as practicable

Regulation 94

If medication is administered in case of an anaphylaxis or asthma emergency, the approved provider or a nominated supervisor of the service or family day care educator must ensure that a parent and emergency services are notified.

No change

Approved provider/nominated supervisor/educator

As soon as practicable